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Abstract:
Environmentalists are turning to courts for the enforcement of ineffectiveness on the part of countries to tackle the problem of climate change. Climate change mitigation and adaptation have been addressed in a variety of legal ways in a number of nations. It includes the enforcement of fines and other penalties on corporations and governments which fail to effectively account for climate change. India’s environment is obscured by legal differences, which are related with opposing visions of democracy and socialism in the country’s politics. During the preceding two decades, the judiciary expanded the scope of PIL to include environmental protection. Article 21 now encompasses a hitherto unrecognised right to a healthy environment. This raises real concerns regarding the growth of the notion of climate change law in the next years and decades. The paper seeks to examine the present situation of Climate Litigation in India by taking into consideration the Indian Judicial system and has analysed what has been done for climate change litigation in India by taking help of Air Pollution Prevention Act and other Environment Legislation. Climate change law should be established as a distinct branch of law for a variety of reasons. This would promote attempts to build climate change legislation, as well as litigation, as the public’s knowledge of these problems increases.
Introduction:
Many nations and the world’s governments have been unable to tackle climate change, thus environmentalists are increasingly turning to the courts as a replacement for governance. Climate change mitigation and adaptation have been addressed in a variety of legal ways in a number of nations. It also includes the enforcement of fines and other penalties on corporations and governments that fail to effectively account for climate change in their long-term planning and development. In spite of their diverse backgrounds, plaintiffs in climate-related litigation often have to deal with the same problems or challenges. Climate change and the constraints of old legal systems and governance models are to blame for issues like these.
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